Chair Gibson opened the meeting with the Pledge
of Allegiance, and asked for public comment on the County Budget and the Land Use Code.
No one from the audience addressed the Board regarding these topics. Chair
Gibson explained that Items 1 through 3 were on consent and would not be
discussed unless requested by the Board, staff, or members of the audience:

1. GLACIER VIEW MEADOWS 12TH FILING
LOTS 110 AND 111 LOT CONSOLIDATION -
#06-S2577: This
is a request for a lot consolidation to combine two contiguous lots into one
lot in the Glacier View Meadows 12th Filing PUD. If approved, the
recording instrument will be a Finding and Resolution from the Board of County
Commissioners.

There have been no objections to this proposal
by surrounding neighbors. Additionally, the following Larimer County agencies have stated
that they have no objections to this proposal: The Larimer County Department
of Health and Environment; and The Larimer County Engineering Department
Development Review Team. The proposed Lot Consolidation for Lots 110 and 111
Glacier View Meadows 12th Filing PUD will not adversely affect any
neighboring properties or any County agency. The Lot Consolidation will not
result in any additional lots. The staff finds that the request meets the
requirements of the Larimer County Land Use Code.

The Development Services Team recommends
approval of the Lot Consolidation for Lots 110 and 111 Glacier View Meadows 12th
Filing PUD, subject to the following conditions:

All
conditions of approval shall be met and the final resolution of the County Commissioners recorded by January 3, 2007, or this approval
shall be null and void.

The
resultant lot is subject to any and all covenants, deed restrictions, or
other conditions that apply to the original lots.

2. PLANK PLANNED DEVELOPMENT AND PLANNED LAND
DIVISION - #06-S2484: This is a request to rezone the subject property from FA-1
(Farming) to PD (Planned Development); and to make a Preliminary Plat for the
Plank Planned Land Division (PLD) to create a development comprised of 45
single family residential lots on the 18.55 acre property situated at the
southeast corner of Kechter and Ziegler Road. The development will also
contain 3 common area lots for open space and drainage; these common areas
consist of 2.7 acres.

As proposed, the development is a single family
residential development that will consist of 45 single family residential lots
and 3 outlots. Two of the 45 residential lots proposed will contain the 2
existing residences on the property. Both of these residential units are
currently on septic systems, but the western most will be connected to the
sewer system with this application, and the other will connect to the sewer
system in the future, when the existing septic system fails.

An overview of the site reveals a square shaped
property that has frontage on Kechter Road and Ziegler Road, for which primary access is being taken
from both. Surrounding the property to the west, east and south are existing
residential developments, currently within the Fort Collins city limits. Also near
the development site, within ¼ mile, there is a High School (North), a Junior
High School (South) and an Elementary School (East).

The property, which has terrain that slopes from
northwest to southeast, has been used for agricultural purposes in the past. On
the site there are two existing residences, which residential units will remain
on the property and be integrated into the development (Lots 44 and 45).

The proposed application has taken into
consideration all existing roadway connections from adjacent developments, by
connecting to them and carrying them through the development site.

During the review process of the Plank PD and
PLD, the Development Services Team received several calls concerning the impact
of this development on the school population. However, this application was
sent to the Poudre School District and no response was
received indicating that over-crowding of the schools was a concern. Aside from
some minor technical roadway and drainage issues there are no other identified
issues or concerns with the Plank PD and PLD development application.

The proposed Plank PD and PLD are in conjunction
with the recommendation of the Development Services Team, and will meet the
intent of the Fossil Creek Reservoir Area Plan. Additionally, it is consistent
with the standards and requirements of the Larimer County Land Use Code and
Supplemental Regulations for this type of development.

The
Development Services Team recommends that the Board of County Commissioners
approve the rezoning request subject to the following conditions:

The
Final Plat shall be consistent with the approved preliminary plat and with
the information contained in the Plank Planned Land Division (File
#05-S2484), except as modified by the conditions of approval or agreement
of the County and applicant. The applicant shall be subject to all other
verbal or written representations and commitments of record for the Plank
Planned Land Division.

The
following fees shall be collected at building permit issuance for new
single family dwellings: Poudre R-1 school fee, Larimer County fees for County
and Regional Transportation Capital Expansion, Larimer County Community
and Regional Park Fees (in lieu of dedication) and drainage fees. The fee
amount that is current at the time of building permit application shall
apply.

Per
the recommendation of the Colorado Geological Service subsurface
construction (basements) shall include perimeter drains as part of the
foundation design and construction.

Passive
radon mitigation measures shall be included in construction of residential
structures on these lots. The results of a radon detection test conducted
in new dwellings once the structure is enclosed but prior to issuance of a
certificate of occupancy shall be submitted to the Building Department.
As an alternative, a builder may present a prepaid receipt from a radon
tester which specifies that a test will be done within 30 days. A
permanent certificate of occupancy can be issued when the prepaid receipt
is submitted.

The Development Services Team recommends that
the Board of County Commissioners approve the Preliminary Plat for the Plank
Planned Land Division, File #05-S2484, subject to the following conditions:

1. Approval of the
rezoning from FA-1 (Farming) to PD (Planned Development) subject to the
following condition:

a. The
rezoning shall be effective upon the recordation of the final plat of Plank
Planned Land Division.

2. The zoning
designation for the Plank PD and PLD shall be PD (Planned Development, which
zoning classification will be subject to the development standards and
requirements of Subsection I.f. (Mixed Use Neighborhood Area Regulations) of
the Larimer County Development Standards for the Fossil Creek Reservoir Area in
the Fort Collins Growth Management Area for in the Supplemental Regulations to
the Larimer County Land Use Code Section 8.9.2.A.1, or as amended.

3. PEMBERTONMINORLAND DIVISION - #06-S2575: This is a request to
approve a Minor Land Division to subdivide 13.89 acres with two existing
residential uses into separate and legal lots. The residential uses exist at
the site and were issued permits for construction by the County. Approval of
the Minor Land Division would create separate, legal lots around each home.
One of the structures existed prior to the County’s building permit process,
and has since been modified to include the needed permits. The other structure
was built with permits, and the record is unclear as to why a second
residential use was allowed on a lot with an existing residential use. Based
on representations made to staff, it appears that because more than one
Assessor’s parcel number exists on the site, the current and previous owners
assumed that each parcel number represented a legal lot. At the time of the
building permit, the applicant may have assumed that the second parcel was
vacant and eligible for a building permit. The project description further
indicates that the second parcel existed by deed on May 16, 1972, but the deed was not
recorded until 1976. These dates follow the May 5, 1972 date when the state adopted legislation
that helped define the legal lot process used today. However, County policy in
that year was to recognize lots created for several months after that time.
Regardless of how the second home came into being, approval of this request
would result in lots that are 2.37 and 11.54 acres in size, and meet the
requirements for the placement of septic systems. In addition, the homes,
septic systems, and other impacts created by development already exist and there
would be no new impacts as a result of this request being approved.

No staff members from the County Planning, Engineering, and
Health Departments objected to the proposed Minor Land Division. Each of these
Departments have minor concerns the applicant should address prior to recording
the final plat, as outlined below:

1. Planning Department:
There are some outstanding building permits as indicated in the June 1, 2006, memo from Candace
Phippen, Code Compliance Supervisor. These address some permit and inspection
approvals for work done on additions to one of the residences. The
requirements for building permits are in place because they address life
safety, health and welfare issues. The inspections ensure that structures are
built up to standard. Staff concludes that if the County is to formally
recognize two legal lots at this site, the structures on these lots should
comply with County Code requirements because
they can be conveyed separately.

2. Engineering Department:
In addition to the comments already discussed, the Engineering Department
indicates that some technical items must be corrected on the survey before the
plat can be recorded. Engineering will also need some data related to the
survey as described in the May 19, 2006, memo from Dale Greer to the applicant’s
surveyor.

3. Department of Health and
the Environment: Prior to recording the final plat, the applicant must provide
information to the Health Department to show that existing septic systems will
be located within the boundaries of the new lots as shown on the final plat.

4. Staff referred the
application to outside reviewing agencies including the Loveland Fire
Prevention Bureau and the affected utility companies. None of the outside
agents objected to the approval of the MLD.

The Development Services Team recommends
approval of the Pemberton Minor Land Division subject to the following
conditions and authorization for the Chair to sign the plat when the conditions
are met and the plat is presented for signature:

All
conditions of approval shall be met and the Final Plat recorded by January 7, 2007, or this approval
shall be null and void.

The
applicant’s surveyor shall make all technical corrections to the final
plat and provide the additional technical data, as described in the May 19, 2006, memo from Dale
Greer with the County Engineering Department.

The applicant must provide evidence that they
have the legal right to use the driveway onto County Road #24H that
provides access to the southern most residential use prior to recording
the plat.

The
applicant shall provide the County Health Department with information
related to the location of septic systems, to ensure they are found within
the boundaries of the new lots as proposed prior to recording the plat.

The applicant shall obtain any outstanding building
permits and inspections for residential additions, prior to recording the
final plat.

M O T I O N

Commissioner Rennels moved
that the Board of County Commissioners approve Items 1 through 3 as listed on
the Consent Agenda and outlined above.

Motion carried 3-0.

5. BENSLEY ZONING VIOLATION - #04-ZV0264: Mr.
Gray addressed the Board and explained the situation regarding the Bensley’s
property. He said that currently, there are two Land Use Code violations.One
violation refers to Section 21.B (LUC), and the other is Section 105.1 (LUC),
by virtue of moving a DWMH (Double Wide Mobile Home) onto the property without
a required move permit, and storing the DWMH on the property without a valid
building permit. Mr. Gray said that a complaint was received by Zoning Code
Enforcement staff in August 2004, alleging in part, that a modular home had
been moved onto the property. Staff confirmed the modular home had been moved
onto the property without required permits and inspection approvals. Despite
several telephone calls, site visits, and a pre-application meeting with one or
more of the owners, the DWMH remains on the property without valid permits and
inspection approvals.

James Bensley, owner of the modular home, addressed
the Board and stated his opinion on the issue. He says that he is in the
process of remodeling the DWMH to be used as storage for a home based
business. He has no intention of using the modular home as a primary living
space. Mr. Bensley also feels as though it is too expensive to pay for the
necessary permits when the actual mobile home is only 800 square feet.
However, he has put a lot of time and money into remodeling the mobile home and
doesn’t want it removed from the property.

Mr. Kadera explained that even under the Home
Occupation Federal and State law, a manufactured home is intended for
residential purposes only. Some discussion ensued among the Commissioners.
Commissioner Rennels suggested that the applicant meet with Mr. Kadera and
other Planning Department staff members to review Mr. Bensley’s options more
thoroughly.

M O T I O N

Commissioner Rennels moved that the Board of County
Commissioners table the Bensley Zoning Violation, File #04-ZV0264, for 90 days.

Motion carried 3-0.

4. SPENCER/MUDARRI MINOR SPECIAL REVIEW/APPEAL
- #06-Z1592: This
is a request to approve a Minor Special Review for a detached Accessory
Dwelling Unit, with an appeal to increase to 1017 square feet which is the 800
square foot allowance for Detached Accessory Dwelling Units (Section 4.3.10).
The applicant seeks approval for a Minor Special Review to allow for the
continued use of an existing, detached, residential unit as an approved
accessory dwelling use. According to the project description the main
residence was constructed in the mid-1940’s. The detached residential use was
first permitted in the 1970’s as a garage or utility building. It was later
expanded and converted for habitation without review by the County. The
detached building has since been used and possibly rented as living quarters.
Because the remodel expanded the building to a size of approximately 1017
square feet, it exceeds the limit set by Section 4.3.10 of the Land Use Code
for new accessory dwelling uses. Thus, the application includes an appeal to
this standard so the structure can be approved in its current form.

Mr. Wheeler addressed the Board and provided
background information on the Minor Special Review. He stated that the reason
for the review is to legalize the existence of the accessory building. Staff
has received at least three concerns from neighbors that this will become a
rental unit.

A ten minute recess was taken to allow time for the
County Attorney to arrive. Assistant County Attorney, David Ayraud, entered
the hearing room and the meeting resumed.

Mr. Wheeler summarized the information that was
previously presented when the County Attorney was absent. Then, the applicant
was given the opportunity to respond to the issue. William Harper, Broker
Associate for ReMax, who spoke on behalf of the property owners, addressed the
Board. Mr. Harper explained that the accessory building had been used as a
rental unit in the past. He stated that the property was purchased by the
current owners in 1999, with the assumption that the home and accessory
building were conforming. Once they discovered that this was not the case,
they terminated the lease on the accessory building.

Chair Gibson opened up the hearing for public
comment and Steve Winer, owner of an adjacent lot, addressed the Board. Mr.
Winer presented the results of a petition that was signed by ten neighbors,
seven of which were against the use of the accessory building as a rental
unit. He feels that there has been a lack of sensitivity by the homeowners and
a misrepresentation of the actual use of the accessory building. Following
public comment, discussion ensued among the Commissioners.

The Development Services Team recommends
approval of the appeal to the Section 4.3.10.F standard that limits the
detached accessory dwelling use to no more then 800 square feet in size. The
habitable space of the current structure shall not be further expanded beyond
the existing 1017 square feet. Approval of the Spencer-Mudarri Minor Special
Review is subject to the following conditions:

The
Site shall be developed consistent with the approved plan and with the
information contained in the Spencer-Mudarri Minor Special Review (File
#06-Z1592), except as modified by the conditions of approval or agreement
of the County and applicant. The applicant shall be subject to all other
verbal or written representations and commitments of record for the
Spencer-Mudarri Minor Special Review.

This
application is approved without the requirement for a Development
Agreement. In the event that the applicant fails to comply with any
conditions of approval or fails to use the property consistent with the
approved Minor Special Review, the applicant agrees that in addition to
all other remedies available to the County, the County may withhold
building permits, issue a written notice for the applicant to appear and
show cause why the Minor Special Review approval should not be revoked,
and/or bring a court action for enforcement of the terms of the Minor
Special Review. All remedies are cumulative and the County’s election to
use one shall not preclude use of another. In the event that the County
must retain legal counsel and/or pursue a court action to enforce the
terms of this Minor Special Review approval, applicant agrees to pay all
expenses incurred by the County including, but not limited to, reasonable
attorney’s fees. The county may conduct periodic inspections to the
property and reviews of the status of the Minor Special Review as
appropriate to monitor and enforce the terms of the Minor Special Review
approval.

The
Findings and Resolution shall be a servitude running with the property.
Those owners of the property or any portion of the property who obtain
title subsequent to the date of recording of the Findings and Resolution,
their heirs, successors, assigns or transferees, and persons holding under
applicants shall comply with the terms and conditions of the Special
Review approval.

The applicant shall obtain any outstanding building
permits and inspections for residential additions, within 90 days of Board
of County Commissioners approval. All applicable fees, including permit
fees and the Transportation Capital Expansion Fee, shall apply to this
use.

Any modifications or repairs of the existing septic
systems shall require the owner to obtain a permit from the Health Department
for the affected septic system.

The
applicant shall sign a Disclosure Notice to be drafted by staff, and
approved by the County Attorney, to clarify to
potential buyers that the second dwelling is not a rental unit and that
its use is restricted by the provisions of the Larimer County Land Use
Code.

M O T I O N

Commissioner Wagner moved that the Board of
County Commissioners approve the appeal to the Section 4.3.10.F standard that
limits the detached accessory dwelling use to no more than 800 square feet in
size. The habitable space of the current structure shall not be further
expanded beyond the existing 1017 square feet.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of
County Commissioners approve the Spencer/Mudarri Minor Special Review for a
detached accessory dwelling use subject to conditions 1 through 6 as
recommended by staff and outlined above.

Motion carried 3-0.

The hearing adjourned at
4:55 p.m.

TUESDAY, JULY 4, 2006

There was no
Administrative Matters meeting held this week, as the Courthouse offices were
closed in celebration of the July 4th holiday.

WEDNESDAY, JULY 5, 2006

PUBLIC HEARING
REGARDING

AMBULANCE LICENSING
REGULATIONS

(#79)

The Board of County Commissioners met at 6:30 p.m. with Dr. Adrienne
LeBailly, Director of the Health Department. Chair Gibson presided and
Commissioners Wagner and Rennels were present. Also present was Marie
Macpherson, Health Department; and Kristen Romary, Deputy Clerk.

Dr. LeBailly explained that the reason for the
changes in the current Rules and Regulations is for Larimer County to be in compliance
with Colorado State law. The purpose of
these Rules and Regulations is to set forth the requirements for the inspection,
licensure and operation of ambulance services, ambulance personnel and
ambulance vehicles operating in Larimer County pursuant to the Colorado Emergency Medical
Services (EMS) Act. The State regulation passed in 2005, and Larimer County had twelve months to be
in compliance with the new State law. Dr. LeBailly stated that all ambulance
services were contacted in May 2006, informing them of the changes, and no
negative feedback was received. Ms. Macpherson said that the larger ambulance
fleets will be affected the most by the regulatory changes, the smaller fleets
will not see much of a change.

After the presentation of the new Rules and
Regulations by Dr. LeBailly, some discussion among the Commissioners ensued.

M O T I O N

Commissioner Rennels moved that the Board of
County Commissioners approve the Rules and Regulations concerning ambulance
service.

Motion carried 3-0.

07052006R001 RESOLUTION REGARDING THE RULES
AND REGULATIONS CONCERNING AMBULANCE SERVICE